Notice of Lease Non-Renewal and Lease Extension

Real Estate Investor · Houston, TX · Member since 2014 · 22 posts · 0 votes

I'm in a difficult situation with a tenant. The end of the lease is 3/31 and I sent him a lease extension in February. We then got into a heated argument over a dishwasher and now I do not want to lease to him anymore. I sent him a 30 day Notice to Vacate on 3/1. But he has a lawyer now and states that because I sent him a lease extension before the Notice to Vacate, I'm legally bound to continue leasing to him. I did not sign the lease extension so how is that a legally binding contract? What is the best course of action? I'm anticipating the lawyer to try unconventional tactics in an attempt to extort money or convince the court to allow the tenant to stay there as long as possible. Should I just get a lawyer myself?

0 Reply

15 views

2 Replies

Jump to latestLatest

Sort by

Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
8y
from my understanding of contract law, any agreement lasting a year or more would need to be I writing and accepted by both parties. since you have not signed the contract, I do not think they can hold you to it.
whether you get a lawyer or not depends on whether you think you can get him to leave without one. if he doesn't leave, you need to evict and then you need a lawyer anyway. personally, I would try without a lawyer first, and if he doesn't budge then get one
1 Reply
JD MartinBusiness Member
Moderator
Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
8y
Not that it necessarily matters any more, but I'm curious as to how someone gets into a heated argument over a dishwasher with their tenant. I've never had a heated argument with a tenant over anything, because all I care about is what's in the lease. If they damaged it and they're leaving, I take it from the deposit. If they aren't keeping it clean, I take it out of the deposit when they leave. If they damage it while they're there, they pay for the repairs. Pretty simple, really.
Anyway, if they never sent back the signed extension - usually, you would have signed your copy and sent it to him, or both done at the same time - then you have nothing, and I would just proceed with the intention that they are to vacate.
Podcast Guest on Show #243
Skyline Properties
View Page
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.